16-12-2014, 08:07 PM
I can't speak for each individual jurisdiction, but the US Supreme Court recognizes "prosecutorial immunity" for "core prosecutorial functions", which in my mind is a good thing, in that you want prosecutors to be able to try difficult cases without fear of personal liability...so long as they behave ethically.
For instance, I think the prosecutor's unusual decision in the Ferguson case, to admit "defensive evidence" to the grand jury, as well as to present evidence to the grand jury that the prosecutors themselves did not believe was reliable, would not (& should not) be the basis of a lawsuit. I do not believe that it was the right way to present the case, but I don't think he should be sued merely for using an unconventional approach to a high profile and disturbing case.
Now, if he suborned perjury, or tampered with evidence, (or acted as a party with others in such a scheme) he should be sued. Removed from office. Indicted. Etc.
For instance, I think the prosecutor's unusual decision in the Ferguson case, to admit "defensive evidence" to the grand jury, as well as to present evidence to the grand jury that the prosecutors themselves did not believe was reliable, would not (& should not) be the basis of a lawsuit. I do not believe that it was the right way to present the case, but I don't think he should be sued merely for using an unconventional approach to a high profile and disturbing case.
Now, if he suborned perjury, or tampered with evidence, (or acted as a party with others in such a scheme) he should be sued. Removed from office. Indicted. Etc.
"All that is necessary for tyranny to succeed is for good men to do nothing." (unknown)
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."
James Tracy: "There is sometimes an undue amount of paranoia among some conspiracy researchers that can contribute to flawed observations and analysis."
Gary Cornwell (Dept. Chief Counsel HSCA): "A fact merely marks the point at which we have agreed to let investigation cease."
Alan Ford: "Just because you believe it, that doesn't make it so."